HomeMy WebLinkAbout2001 11-14 PCP •
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
WEDNESDAY, NOVEMBER 14, 2001
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - September 13, 2001
4. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is
to hold public hearings. In the matters concerned in these hearings, the Commission
makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
5. Discussion Items:
• a. An Ordinance Establishing the Central Commercial Overlay District.
b. Draft Ordinance Amendment Regarding Commercial Zoning Reorganization.
6. Other Business
7. Adjournment
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of , 2001,
at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance establishing the
Central Commercial Overlay District.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the personnel coordinator at 612 -569 -3303 to make arrangements.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING THE CENTRAL
COMMERCIAL OVERLAY DISTRICT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 35 -2000 of the City Code of Ordinances is amended as follows:
Section 35 -2000. OVERLAY DISTRICTS. In addition to the land use districts listed in
Section 35 -300 of this ordinance, the following Overlay Districts are hereby established:
• 1. Flood Plain District
2. Critical Area District
3. Historical Preservation District
4. CC Central Commerce Overlay District
Any land which is classified by this ordinance as being within an Overlay District shall
be subject to the regulations governing land use activities within such a district in addition to the
use regulations established in Sections 35 -300 through 35 -331 of this ordinance, and to any other
regulations as applicable.
Section 2. The City Code of Ordinances is amended by adding new section 35 -2240 as
follows:
Section 35 -2240. CC CENTRAL COMMERCE OVERLAY DISTRICT
1. Land may be designated as being within the CC Central Commerce Overlay
District by city ordinance. Land use within any area so designated shall comply with the
regulations of this section in addition to all regulations applicable to the underlying land use
district established in Sections 35 -300 through 35 -331 of this Code and other regulations as
ap lip cable.
1
• 2. Uses allowed in the underldng land use district are allowed in the CC Central
Commerce Overlay District except as provided in this section.
3. The following uses are not permitted in the CC Central Commerce Overlay
District:
a. sauna establishments
b. massage establishments
C. currency exchanges
d. pawn shops
e. secondhand goods dealers
4. The following area is hereby established as being within the CC Central
Commerce Overlay District:
The CC Central Commerce Overlay District is located within the area bounded by
a continuous line beginning at a point located at the intersection of John Martin
Drive and T.H. 100 and going southwesterly along the centerline of T.H. 100 to
its intersection with Brooklyn Boulevard; thence northerly along the easterly
right -of -way line of Brooklyn Boulevard to a point located approximately 445'
northerly of its intersection with County Road No. 10, thence east along an
extended line made up of the south boundary lines of the plats for Grimes 2nd
• Addition, Hipp's 4 th Addition and Hipp's 5 th Addition, Hennepin County,
continued to Shingle Creek Parkway; thence northerly along the east ri t -of -way
line of Shingle Creek Parkway to the north boundary line of the plat for
Brookdale Square 2nd Addition, Hennepin County; thence easterly along said line
to the John Martin Drive right -of -way line, thence southerly to the point of the
beginning.
Section 3. This ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this day of , 2001.
Mayor
ATTEST:
City Clerk
Date of Publication:
Effective Date:
• (Underline indicates new matter; strikeout indicates matter to be deleted.)
2
DRAFT ORDINANCE AMENDENT
Section 35 -320 C -1 NEIGHBORHOOD COMMERCIAL DISTRICT
1. Permitted Uses
The following commercial uses are permitted in the C -1 district, provided that the
height of each establishment or building shall not exceed two stories, or in the event that
a basement is proposed, two stories plus basement:
a. The following office uses:
1. Finance, insurance real estate and investment offices.
2. Medical, dental, osteopathic, chiropractic, optometric, and
veterinarian offices and clinics.
3. Legal, engineering, architectural, educational, scientific research
(excluding laboratory facilities) offices.
4. Accounting, auditing, bookkeeping and urban planning agency
offices.
• 5. Religious, welfare and charitable organization offices.
6. Consumer and mercantile credit reporting services offices,
adjustment and collection services offices.
7. Duplicating, mailing and stenographic services offices.
8. Employment agency offices and business and management
consulting offices.
9. Detective and protective agency offices.
10. Contractor's offices provided there is no outside storage
associated with this use.
11. Business association, professional membership organizations,
labor unions, civic, social and fraternal association offices.
12. Governmental offices.
13. Leasing offices provided there is no outside storage or display of
• products on the site.
Page I
14. Advertising offices provided the fabrication of signs shall not be
• a permitted use.
b. The following service uses:
1. Libraries and art galleries.
2. Beauty, barber and tanning services.
3. Funeral and crematory services.
4. Pet grooming services.
5. Photography services.
6. Apparel repair, alteration and cleaning pick up stations, shoe
repair and the like.
7. Financial institutions including, but not limited to, full service
banks and savings and loan associations.
8. Nursing care homes (at not more than 50 beds per acre),
provided that such institutions shall, where required by State law,
• or regulations of the licensing authority, be licensed by the
appropriate state or municipal authority.
9. Group daycare facilities provided that such developments, in each
specific case, are demonstrated to be:
a. Compatible with existing adjacent land uses as well as with
those uses permitted in the C -1 district generally.
b. Complimentary to existing adjacent land uses as well s to those
uses permitted in the C -1 district generally.
c. Of comparable intensity to permitted C -1 district land uses
with respect to activity levels.
d. Planned and designed to assure that generated traffic will be
within the capacity of available public facilities and will not
have an adverse impact upon those facilities, the immediate
neighborhood, or the community.
e. Traffic generated by other uses on the site will not pose a
danger to children served by the daycare use.
•
Page 2
And further provided that the special requirements set forth in
Section 35 -411 are adhered to.
•
10. Drop in child care centers licensed by the Minnesota Department
of Public Welfare pursuant to a valid license application,
provided that a copy of said license and application shall be
submitted annually to the City.
11. Places for religious assemblies such as chapels, churches,
temples, mosques, and synagogues.
12. Educational uses including post secondary schools, business
schools, trade schools and the like, but excluding public and
private elementary and secondary schools (K -12).
13. Instructional uses for art, music, photography, decorating,
dancing and the like and studios for like activity.
I
C. The retail sale of food.
d. Eating establishments not offering live entertainment and seating no more
than 100 guests but excluding drive in eating establishments and
• convenience food restaurants.
e. Gasoline service stations, motor vehicle repair and auto washes provided
they do not abut R1, R2 or R3 zoned property including abutment at a
street line; trailer and truck rental in conjunction with these uses provided
there is adequate parking spaces for such activity. (See Section 35 -414.)
f. Equipment rental and leasing services provided there is no outside storage
of such equipment.
g. The retail sale of miscellaneous items such as, but not limited to, the
following:
1. Drugs and proprietary items.
2. Liquors.
3. Antiques and second hand merchandise.
4. Books and stationary.
5. Garden supplies
6. Jewelry.
Page 3
• 7. Flowers and floral accessories.
8. Cigars, cigarettes and other tobacco items.
9. Newspapers and magazines.
10. Cameras and photographic supplies.
11. Gifts, novelties and souvenirs.
12. Pets.
13. Optical goods.
14. Sporting goods and bicycles.
15. Auto parts, tires, batteries and other automotive accessories and
marine craft accessories.
16. Apparel and related accessories.
17. Heating and plumbing equipment, paint, glass, and wallpaper,
• electrical supplies and building supplies.
h. The following repair uses:
1. Electrical repair service shops.
2. Household appliances, electrical supplies, heating and plumbing
equipment.
3. Radio and television repair service shops.
4. Watch, clock and jewelry repair service shops.
5. Reupholstery and furniture repair shops.
i. Laundering, dry cleaning and dying services.
j. Check cashing and currency exchange establishments.
k. Park and ride facilities.
1. Accessory uses incidental to the foregoing principal uses when located on
• the same property with the use to which it is accessory. Such accessory
uses to include but not be restricted to the following:
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• 1. Off - street arkin and off - street . loadin
P g g
2. Signs as permitted in the Brooklyn Center sign ordinance.
3. Outside display and sale of merchandise provided that an
administrative permit is first obtained pursuant to Section 35 -800
of these ordinances.
M. Accessory off -site parking not located on the same property as the
principal use, subject to the provisions of Section 35 -701.
I
n. Other uses similar in nature similar to the aforementioned uses, as
determined by the City Council.
2. Special Requirements
a. See Section 35 -411 of this ordinance.
Section 35- 321 C -2 BROOKLYN BOULEVARD COMMERCIAL DISTRICT
1. Permitted Uses
The following commercial uses are permitted in the C -2 district, provided that the
height of each establishment of building shall not exceed three stories, or in the event that
a basement is proposed, three stories plus basement:
a. All C -1 uses listed in Section 35 -320.
b. Eating establishments without regard to seating restrictions including
eating establishments offering live entertainment.
C. Drive in eating establishments and convenience food restaurants provided
they do not abut Rl, R2, or R3 zoned property at a property line.
d. Gasoline service stations, motor vehicle repair and auto washes, provided
they do not abut Rl, R2 or R3 zoned property at a property line; trailer and
truck rental in conjunction with these uses provided there is adequate
parking spaces for such activity. (See Section 35 -414.)
e. Recreation and amusement places such as motion picture theaters and
legitimate theater; sports arenas, bowling alleys, skating rinks and
gymnasiums.
• f. Automobile and truck rental and leasing.
Page 5
g. Transient lodging.
• h. Clubrooms and lodges.
i. Health clubs, racquet and swim clubs, other athletic clubs and suntan
studios.
j. Sauna establishments and massage establishments provided they do not
abut any residential (R -1 through R -7) district, including abutment at a
street line.
k. Tattoo and body piercing establishments.
1. Accessories uses, incidental to the foregoing principal uses when located
on the same property with the use to which it is accessory. Such accessory
uses to include but not be restricted to the following:
1. Off - street parking and off - street loading.
2. Signs as permitted in the Brooklyn Center sign ordinance.
3. Outside display and sale of merchandise provided that an
administrative permit is first obtained pursuant to Section 35 -800
• of these ordinances.
4. Outside storage that is properly screened from public view.
m. Accessory off -site parking not located on the same property with the
principal use, subject to the provisions of Section 35 -701.
n. Other uses similar in nature to the aforementioned uses as determined by
the City Council.
3. Special Requirements
a. See Section 35 -412 of these ordinances.
Section 35 -322 C -3 CENTRAL COMMERCIAL DISTRICT
1. Permitted Uses
The following commercial uses are permitted in the C -3 district with no building
height limitations other than what is established in other sections of this ordinance.
a. All of the uses allowed in the C -1 (Neighborhood Commercial) district
and the C -2 (Brooklyn Boulevard Commercial) district.
b. Hospitals, not including animal hospitals.
Page 6
• C. Medical and dental laboratories.
d. Transit hub.
e. Accessory uses incidental to the foregoing principal uses when located on
the same property with the use to which it is accessory, such accessory
uses to include but not limited to the following:
1. Off - street parking and off - street loading.
2. Signs as permitted in the Brooklyn Center sign ordinance.
3. Outside display and sale of merchandise provided that an
administrative permit is first obtained pursuant Section 35 -800 of
these ordinances.
4. Outside storage that is properly screened from public view.
f. Accessory off -site parking not located on the same property with the
principal use, subject to the provisions of Section 35 -701.
g. Other uses similar in nature to the aforementioned uses as determined by
• the City Council.
2. Special Requirements
a. See Section 35 -412 of these ordinances.
Section 35 -323 C -4 HIGHWAY COMMERCIAL DISTRICT
1. Permitted Uses
The following commercial uses are permitted in the C -4 district with no building
height limitation other than what may be established in other sections of this ordinance.
a. All uses allowed in the C -1 (Neighborhood Commercial) district, the C -2
(Brooklyn Boulevard Commercial) district and the C -3 (Central
Commercial) district.
b. School bus garage facilities provided all storage (including vehicles),
servicing and repair shall be conducted wholly within an enclosed building
and further provided the use does not abut any residential (R1 through R-
7) districts, including abutment at a street line.
C. Animal hospitals.
Page 7
d. Storage facilities.
• e. Accessory uses incidental to the foregoing principal uses when located on
the same property with the use to which it is accessory. Such accessory
uses include but not restricted to the following:
1. Off street parking and off street loading.
2. Signs as permitted in the Brooklyn Center sign ordinance.
3. Outside display and sale of merchandise provided that an
administrative permit is first obtained pursuant to Section 35 -800
of these ordinances.
4. Outside storage that is properly screened from public view
f. Accessory off -site parking not located on the same property with the
principal use, subject to the provisions of Section 35 -701.
g. Other uses similar in nature to the aforementioned uses as determined by
the City Council.
2. Special Requirements
• a. See Section 35 -412 of these ordinances.
•
Page 8
• Section 35 -411. SPECIAL REQUIREMENTS IN C1 AND G DISTRICTS.
1. All storage, display, service, repair or processing shall be conducted wholly within
an enclosed building. Semi - trailers may not be used for the out of door storage of
materials, equipment, merchandise, inventory, etc. G asoline service stations, motor
vehicle repair and auto washes are subject to the requirements set forth in Section
35 -414 of this ordinance. Temporary outdoor storage, display and promotional
events may be allowed by permit pursuant to Section 35 -800 of this ordinance.
2. Incineration of waste material shall be conducted in approved equipment located
within the building wherein the permitted use is conducted. Equipment shall be
considered "approved" when approved by the zoning official and sanitarian.
3. Where a C1 development abuts an RI, R2 or R3 district other than at a
public street line, buffer provisions shall be established. There shall be provided a
protective strip not less than 15 feet wide with an opaque fence or wall or a Council
approved substitute. The protective strip shall not be used for parking, driveways,
off - street loading or storage and shall be landscaped. The screening device design
must be approved by the City Council as being in harmony with the residential
neighborhood and providing sufficient screening of the C1 ^,� area. A proposed
fence or wall shall be no less than six feiff feet in height and shall not extend within
10 feet of any street right -of -way.
• 4. No building permit shall be issued until a site and parking layout has been approved
as provided in Section 35 -230. No parking shall be permitted within 35 fe w
major- t h er - ,. ,,igh re right of ay o ithi 15 feet of any other right -of -way and the
111 GL
3 5 feet er 15 foot area shall be maintained as a green strip.
The site layout shall include an underground lawn sprinkler system to facilitate
maintenance of site landscaping and green areas.
5. On developments of sufficient magnitude so as to require on -site water main, sewer
main, storm sewer, or storm drainage facilities construction, plans for such utilities
shall be designed by and installed under the supervision of a civil engineer registered
in the State of Minnesota and shall be submitted to and approved by the City
Engineer. In cases where on -site utilities construction is required, the land owner or
developer shall enter into a utilities maintenance and inspection agreement with the
City, which agreement shall grant the City the right to enter the development to
accomplish maintenance, inspection or repairs that are in the public interest.
6. In the case of group day care facilities, outside recreational facilities shall be
appropriately separated from the parking and driving areas by a wood fence not less
than four feet in height; or a Council approved substitute; shall be located
contiguous to the day care facility; shall not be located in any yard abutting a major
• thoroughfare unless buffered by a device set forth in Section 35 -400, Footnote 10;
shall not have an impervious surface for more than half the playground area; and
• shall extend at least 60 feet from the wall of the building or to an adjacent property
line, whichever is less, or shall be bounded on not more than two sides by parking
and driving areas.
7. Nursing care homes shall provide one six inch diameter tree per 14 beds. Tree
species shall be long -lived hardwood. Six inch and larger trees existing on the site
may be credited toward this requirement.
Section 35 -412. SPECIAL REQUIREMENTS IN C2, C3 and C4 DISTRICTS.
1. All storage, display, service, repair or processing shall be conducted wholly within
an enclosed building or behind an opaque fence or wall not less than six feet high, or
high enough to completely screen the storage or other activity from view of the
abutting property at ground level. Semi - trailers may not be used for the out of door
storage of materials, equipment, merchandise, inventory, etc. The outdoor storage
of merchandise during business hours on a private pedestrian walkway located
contiguous to the primary building is not prohibited by this section. This
requirement shall not apply to the out of door storage and display of new and used
motor vehicles or marine craft for which a special use permit has been issued.
Neither shall the requirement apply to the out of door retail sale of food at drive -in
eating establishments for which a special use permit has been issued. Temporary
outdoor storage and display of merchandise may be allowed by permit pursuant to
• Section 35 -800 of this ordinance.
2. Incineration of waste matter shall be conducted in approved equipment located within
the building wherein the permitted use is conducted. Equipment shall be considered
"approved" when approved by the zoning official and sanitarian.
3. Where a C2 development abuts an Rl, R2 or R3 district other than at a public street
line, buffer provisions shall be established. There shall be provided a protective
strip not less than 15 feet wide with an opaque fence or wall or a Council approved
substitute. The protective strip shall not be used for parking, driveways, off - street
loading or storage and shall be landscaped. The screening device design must be
approved by the City Council as being in harmony with the residential neighborhood
and providing sufficient screening of the C2 area. A proposed fence or wall shall be
no less than six fear feet in height and shall not extend within 10 feet of and
right -of -way.
-34. Where a proposed C2 C3 or C4 development abuts an Rl, R2, or R3 district other
than at a public street line, buffer provisions shall be established. There shall be
provided a protective strip of not less than 35 feet in width. The protective strip
shall not be used for parking, driveways, off - street loading or storage and shall be
landscaped. The landscape treatment shall contain an opaque fence or wall which
shall not extend within 10 feet of any street right -of -way. The fence or wall design
• must be approved by the City Council as being in harmony with the residential
neighborhood and providing sufficient screening of the commercial area. The fence
• or wall shall be eight feet in height. The protective strip shall contain no structures
other than the approved fence or wall.
45. No building permit shall be issued until a site and parking layout has been approved
as provided in Section 35 -230. No parking shall be permitted within 15 feet of the
street right -of -way and this 15 foot area shall be maintained as a green strip.
The site layout shall include an underground lawn sprinkler system to facilitate
maintenance of site landscaping and green areas.
-56. On developments of sufficient magnitude so as to require on -site water main, sewer
main, storm sewer, or storm drainage facilities construction, plans for such utilities
shall be designed by and installed under the supervision of a civil engineer registered
in the State of Minnesota and shall be submitted to and approved by the City
Engineer. In cases where on -site utilities construction is required, the land owner or
developer shall enter into a utilities maintenance and inspection agreement with the
City, which agreement shall grant the City the right to enter the development to
accomplish maintenance, inspections or repairs that are in the public interest.
67. Access from a local street intended primarily to serve residential development may
only be allowed upon a finding by the City Council that such access will not
negatively affect the residential character of that neighborhood.
• -78. In the case of group day care facilities, outside recreational facilities shall be
appropriately separated from the parking and driving areas by a wood fence not less
than four feet in height; or Council approved substitute; shall be located contiguous
to the day care facility; shall not be located in any yard abutting a major
thoroughfare unless buffered by a device set forth in Section 35 -400, Footnote 10;
shall not have an impervious surface for more than half the playground area; and
shall extend at least 60 feet from the wall of the building or to an adjacent property
line, whichever is less, or shall be bounded on not more than two sides by parking
and driving areas.
9. Nursing care homes shall - provide one six inch diameter tree per 14 beds. Tree
species shall be long -lived hardwood. Six inch and larger trees existing on the site
may be credited toward this requirement
Section 35 -413. SPECIAL REQUIREMENTS IN I -1 AND I -2 DISTRICTS.
1. Buffer and Setback
Where a proposed I -1 or I -2 development abuts any residential district (R1 through
R7) either at a property line or a public street line, buffer provisions shall be
established according to the following:
•
• a. Where I -1 or I -2 abuts Rl, R2, or R3 at a property line, the protective strip shall
be no less than 100 feet in width. The protective strip shall not be used for
parking, driveway, off - street loading or storage and shall be landscaped. Parking
may be permitted in the buffer strip where an I -1 or I -2 use abuts an institutional
use provided it does not extend to within 15 feet of the property line.
13. Utilities
On developments of sufficient magnitude so as to require on -site water main, sewer
main, storm sewer, or storm drainage facilities construction, plans for such utilities
shall be designed by and installed under the supervision of a civil engineer registered
in the State of Minnesota and shall be submitted to and approved by the City
Engineer. In cases where on -site utilities construction is required, the land owner or
developer shall enter into a utilities maintenance and inspection agreement with the
City, which agreement shall grant the City the right to enter the development to
accomplish maintenance, inspections or repairs that are in the public interest.
Section 35 -414. SPECIAL REQUIREMENTS FOR AUTOMOBILE SERVICE
STATIONS.
Automobile service stations including gasoline service stations vehicle repair and vehicle washes
pose particular problems in achieving compatibility with abutting and adjacent land uses because
of potentially detrimental aspects of their operation. The problem is basically both functional
• and esthetic involving traffic hazards, noise, light glare at night, outdoor storage of merchandise,
poor architectural design, indiscriminate advertising, etc., all of which contribute to less
enjoyment and use of and reduction of property values in surrounding properties. It is hereby
determined that the general welfare will be better served by minimizing adverse functional and
esthetic conditions which may result from operation of automobile service stations and that the
use, enjoyment, and improvement of surrounding property will be enhanced by the following
requirements:
1. Automobile service stations must front, and the primary building face, on a street
designated by the City Council as a major thoroughfare. The minimum width of the
use site shall be 130 feet and the minimum area shall be 20,000 square feet.
2. No automobile service station shall be constructed on a parcel of land in the Cl
zoning district which abuts an Rl, R2, or R3 district including abutment at a street
line. Such uses in the C2 C3 and C4 zoning districts shall not abut an Rl, R2 or R3
zoning district at a property line. For the purpose of this paragraph, a parcel which
adjoins another parcel at one corner will be deemed to abut.
3. Prior to any construction, the owner or developer shall comply with the requirements
of Section 35 -230 which relates to approval of plans. Any construction must
conform to the drawings and specifications as approved by the City Council. In
evaluating architectural design, the City Council shall follow the principle that the
building express sincere concepts and honest construction and be compatible with
• surrounding buildings. The appearance of the community and landscape is to be
disturbed as little as possible. Moreover, the design of the buildings and of the
canopy, if there is one, shall be in scale with the surroundings. This subsection shall
apply to all exterior additions or alterations including accessory structures and signs.
4. No driveway curb opening will be permitted within 40 feet of the intersection of the
property lines of a corner use site. The maximum right angle width of any driveway
shall be thirty feet at the property line. No driveway shall be located within 50 feet
of another driveway at the property line on the same use site, or be flared outward on
the boulevard in such a way as to encroach upon the boulevard or abutting property.
5. Provisions shall be made for an unobstructed area free of all vehicles, pumps, signs,
displays or other materials which tend to obscure vision where the use site is at the
intersection of two streets. The unobstructed area shall be bounded by the street
right -of -way lines abutting the lot and a straight line joining points on such street
lines, 50 feet from the point of intersection of the street right -of -way lines. This is
not intended to preclude one identification sign which is 10 feet or more above the
street grade level and is supported by a pedestal 12 inches or less in diameter.
6. Facilities for chassis and gear lubrication must be enclosed within the principal
building. Vehicle washes may be located in a separate building on the site provided
that the materials and exterior treatment for the wash building shall be of the same
level of quality as for the principal building. No merchandise may be displayed for
• sale outside the principal building except within four feet of the building or in pump
islands unless enclosed by a structure compatible with the building. No discarded
trash, parts, or tires may be stored outside the building unless enclosed by a durable
structure compatible with the design of the principal building.
7. Lighting surrounding automobile service stations must meet the provisions of
Section 35 -712. Lighting design must be submitted to the Planning Commission for
recommendations to the City Council and all lighting shall conform to drawings and
specifications approved by the City Council.
8. Any required buffer or screening area shall be so constructed and maintained as to
keep the beam of automobile headlights from shining into abutting properties.
9. There may be signs as permitted by the Brooklyn Center Sign Ordinance.
10. The following activities are prohibited:
a. Body work and painting.
b. Motor vehicle parking, except that owners and employees automobiles and a
maximum of three service vehicles may be parked. Automobiles being
serviced may be parked for a maximum period of 48 hours at any one time.
•
• 11. The lawful use of land for any automobile service station existing at the time of the
adoption of this ordinance may be continued even if such use does not conform to
the above regulations provided that the use is made to conform to these regulations
' except subsections 1, 2, 3, and 4 above, within 12 months of the date that this
ordinance is adopted. Subsection 3 of Section 35 -414 shall apply to all exterior
additions, alterations, accessory buildings and signs erected or constructed after the
i effective date of this ordinance.
12. The owner and lessee shall be jointly and severally responsible for seeing that the
above regulations are observed.
Section 35 -415. SPECIAL REQUIREMENTS FOR TELECOMMUNICATIONS
TOWERS AND TELECOMMUNICATIONS FACILITIES. Telecommunications towers and
telecommunications facilities may pose particular problems in achieving compatibility with
abutting and adjacent land uses. Because of this the City proposes to regulate the placement,
construction and modification of telecommunications towers and telecommunications facilities
in order to protect the health, safety and welfare of the public while at the same time not
unreasonably interfering with the development of competitive wireless telecommunications in
the City. Specifically this section of the zoning ordinance proposes to regulate the location of
telecommunications towers and telecommunications facilities to protect residential areas from
potential adverse impacts, to promote and encourage shared use or co- location of
telecommunications towers and antenna support structures and to avoid potential damage to
• property caused by these facilities by insuring such structures are soundly and carefully
designed, constructed, modified, maintained and removed when no longer used. It is hereby
determined that these objectives can be achieved by implementing the following requirements:
1. Telecommunications towers shall be a permitted use of land in the C -lA, C -2, I -1
and I -2 zoning districts. No telecommunication tower shall be built, erected or
constructed upon any parcel of land in the zoning districts set forth above unless a
building permit shall have been issued by the City--s Building Official.
2. Telecommunications towers are exempt from the maximum height restrictions of the
districts where they are located, however, these towers shall not be permitted to
exceed the height authorized in the airport safety zones established for the Crystal
Airport.
3. No telecommunications tower shall be built, constructed or erected in the City unless
such tower is capable of supporting other telecommunications facilities comparable
in weight, size, and surface area.
. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
SEPTEMBER 13, 2001
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m.
ROLL CALL
Chair Tim Willson, Commissioners, Graydon Boeck, Stephen Erdmann, Rex Newman, Sean
Rahn, and John Whitehead were present. Also present were Secretary to the Planning
Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission
Recording Secretary Rebecca Crass. Dianne Reem was absent and excused.
APPROVAL OF MINUTES — AUGUST 16, 2001
There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead,to approve
the minutes of the August 16, 2001 meeting as submitted. The motion passed unanimously.
Commissioners Erdmann and Newman abstained from voting as they were absent from the
meeting.
• CHAIR'S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings,
the Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
APPLICATION NO. 2001 -019 — SANDNESS CONSTRUCTION
Chair Willson, introduced Application No. 2001 -019, a request for site and building plan
approval for an approximate 7,000 sq. ft. addition to the Spiritual Life Church, 6865 Shingle
Creek Parkway.
Mr. Warren presented the staff report using overhead transparencies to describe the location of
the property. (Refer to Planning Commission Information Sheet dated 9 -13 -01 for Application
No. 2001 -019 attached.) The property is zoned C -1 (Service /Office). Places for religious
assemblies such as chapels, churches, temple, mosques and synagogues are permitted uses in the
C -1 zoning district.
Spiritual Life Church was granted site and building plan approval by the City Council for a 900
seat church on June 9, 1997, under Application No. 97006 and they are now seeking site and
building plan approval for an approximate 7,000 sq. ft. addition including a fellowship hall and
meeting room. The applicant is not proposing to make any site changes other than the building
• expansion.
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• Mr. Warren explained that in 1997 the Shingle Creek Watershed Management Commission had
approved a water retention plan, which included two ponds. The church has recently been
advised that the north pond is not constructed to proper depth. He added that the City Engineer
has met with the applicant to rectify the situation and is satisfied with the progress being made.
Chair Willson raised a question about the outstanding performance bond and asked why it was
not released after the new building was constructed. Mr. Warren responded that he generally
does not release a performance bond until requested to do so by an applicant and added that the
original contractor (Zeman Construction) did not contact the City to release the bond.
Chair Willson called for questions or comments from the Commissioners.
A representative of the Spiritual Life Church explained that they had no previous knowledge of
the ponding problem. They have met with the original contactor and the City Engineer to rectify
the situation and will do so as soon as possible. He added the church does not currently have a
preschool on the site. Mr. Warren responded that he was aware of that and stated that they
would need to be licensed with the State if they do decide to operate a preschool.
Commissioner Boeck asked about the former grading plans and why they did not appear on the
current plans. Mr. Warren responded that retention pond plans are part of the original site and
grading plans and were filed at that time. He added that the applicant has agreed to make the
necessary corrections and the City is confident the work will be done. The Church representative
• added that it is the intent of the Church to make all corrections according to the City Engineer's
recommendations. Mr. Warren further explained that the ponding corrections would have been
done whether or not the church was constructing an addition. He further explained the process
for releasing performance bonds and added the City does not generally "foreclose" on
performance bonds. They are returned to the applicant when all work has been complete and a
request is received from the applicant.
The Chair called for further discussion or questions from the Commissioners.
The Commissioners interposed no objections to approval of the Application.
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2001 - 019 - SANDNESS
CONSTRUCTION
There was a motion by Commissioner Newmann, seconded by Commissioner Rahn, to
recommend to the City Council that it approve Application No. 2001 -019, submitted by
Sandness Construction for an approximate 7,000 sq. ft. addition to the Spiritual Life Church,
6865 Shingle Creek Parkway subject to the following conditions:
1. The building plans are subject to review and approval by the Building Official
with respect to applicable codes prior to the issuance of permits.
2. Any altered grading, drainage or utility plans are subject to review and approval
• by the City Engineer prior to the issuance of permits.
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• 3. The building additions are to be equipped with an automatic fire extinguishing
system to meet NFPA standards and shall be connected to a central monitoring
device in accordance with Chapter 5 of the City Ordinances.
4. The applicant shall provide appropriate erosion and sediment control devices on
the site during construction as approved by the City Engineering Department.
5. Plan approval acknowledges a preschool use on the property. The applicant shall
receive appropriate licensing from the Minnesota Department of Human Services
and a copy of said license shall be kept on file with the City.
Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, and
Whitehead. The motion passed unanimously.
The Council will consider the recommendation at its September 24, 2001 meeting. The applicant
must be present. Major changes to the application as reviewed by the Planning Commission
will require that the application be returned to the Commission for reconsideration.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
• There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
8:10 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
•
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